Proposed Rule Prohibits Sexual Orientation and Gender Identity Discrimination in Native American and Native Hawaiian Programs


HUD’s Office of Public and Indian Housing (PIH) published a proposed rule to revise the Native American and Native Hawaiian programs by incorporating an existing fair housing rule, the Equal Access rule published on February 3, 2012 (see Memo, 2/3/12), which requires HUD programs to be available regardless of sexual orientation or marital status. The proposed revisions would also incorporate a proposed Gender Identity rule published on November 20, 2015 by HUD’s Office of Community Planning and Development (see Memo, 12/7/15).

HUD did not originally include the Native American and Native Hawaiian programs in either the final Equal Access rule or the proposed Gender Identity rule so that more tribal consultation could take place. HUD sent letters to tribal leaders on January 28, 2015, seeking comments on the forthcoming proposed rule. Only one tribally designated entity responded, and it opposed the rule.


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